Loading...
HomeMy WebLinkAbout463861 AM CONSERVATION GROUP INC - PURCHASE ORDER - 3212324PURCHASE ORDER PO Number Page City of 3212324 1 of z `t This number must appear Collins1 on all invoices, packing slips and labels. Date: 02/02/2012 Vendor: 463861 AM CONSERVATION GROUP INC 2301 CHARLESTON REGIONAL PARKWAY CHARLESTON South Carolina 29492 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2012 Blanket Order Utilities City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 1 LOT LS Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By .statute the City of Fort Collins is exempt from state and Inc.] Irises. Our Exemption Number is 11. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon .strict perfomance of the toms and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 20, 114 (a), exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due n defects of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon strict performance hemofor any of its rights or remedies as to any such goods. regardless instructions from the City ofFort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported unit modification or ressic inn of this purchase order by the Purchaser operate as n waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rcndt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pan of the City of Fun Collins. However, it is to be understood that FINAL. Seller and the Purchaser recognize that in mind economic practice ocrchnrgcs resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection prreedurcs. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby ocigne to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fen Collins. 700, Wood St.. Too Collins CO 80522. unless acquired under federal or slate natitntst laws for .such overcharges reining to the Particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCH OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of The country. shipment is If the Purchaserditcets the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and The Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to he Performed by the most expeditious means available to it. and the Seller shall pav all costs assocuacd with such work. Permits. Seller shall Procure at sellers sole, cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is Performed, or required by any other duly constituted public authority having jurisdiction over The work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. ordinances, rucks and requirements, Aulharization. All panics To this contract agree that the representatives arc. in fact. bow fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplcmcalmy or additional terms and conditions annexed hereto or incorporated herein by reference. Any additiowl or different terms and conditions proposed by scllo are objected m and hereby rejected. a_. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivm and Performance must be effected within the time stated on the Purchase order and the documents awehed hereto. No acts of the Purchasers including, withoul limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the even, ofany delay, the Purchaser shall have, in addition to other legal fail equitable memories. the option of placing this order elsewhere and holding the Scllcr liable for damages. However, the Seller shall nod be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofncgligcncc. such acts ofGod, act, ofcivil or military authorities, gowemttrcntal Priorities, Bros, strikes, flood, epidemics. wars or riots Provided that notice ofthe conditions causing such delay is given to the Purchaser within rise (5) days of the time .when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the Period equal to the time actually lost by nenson ofthe delay. 3. WARRANTY. The Seller wamny that all good, articles, numerals and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given. will Its fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace. repair or make good, without cost to the purchaser, any defects or faults arising within one (I ) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable warranty provided by the Seller flier the date of acceptance ofthe good furnished hereunder (acceptance nor to be unreasonably delayed), resulting From Imperfect or defective work done or materials furnished by the Seller. Accepancc or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmntics or guarantees, but such liability shall in no event include loss oflu fits or loss ofum. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by wained change order, 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions it, or deletion, finm the quantities originally ordered in the specifications or drawings, by verbal or written change order, If any such change affects the amount due or the time ofper(ormanee hereunder, an equitable adjustment shall be made. b. TERM INATIONS. The Purchaser may at any time by written change order, terminate this agreement as in any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such nQjustmaw be made in favor of the Scllcr with respect to any good which are the Sellers standard stock. No such termination Shull relieve the Purchaser or the Seller ofany of their -obligations as to any good dcliwcrcd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and furnished in strict compliance with all applicable Incas and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become chic hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wamnty full, clear and unrestricted title to the Purchaser for all equipment materials. and items banished in performance of this agreement, free and clear of any and all liens, restrictions, roscrwmims, security interest eneuarbmnces and claims of others. The Seller shift[ release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the Performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, affects and employees of such Party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Performed be the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process coverts by letter, patent, trademark or copyright, the Seller shall indcmni fy and save ham less the Purchaser from any and all claims for in fringcmcat by reason of the use of such patented design, device, material or process in connection with the contract, and shall indcmni fy the Purchaser for any cast expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or any pan Ihereof or the intended rise of the goods, is in such suit held to constitute in fringcment and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify, it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or trustee for tiny of the Scllvrs property or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions officious used or the interpretation ofthe agreement and the rights off][ panics hcramdcr shall be consumed under and governed by the laws nfthc State of Colomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the seniee of Scllers Reprcscmatiec(s), on the premises o(others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted. and shall. in case of any accident destruction or injury in the work and/or materials before Scllers final completion and acceptance, complete the work at Scller's own expense and to the satisfaction of the Purchaser. When matends and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same aI the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr underthe order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed ern err in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also eery comprehensive general liability including, but not limited to. contactor and automobile public liability insurance with brvlily injury and death limits of at least S300,000 for any one person, S500,MO for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcts or his contractors employees shall do any work upon the penises of others, the Seller shall furnish the Purchaser with a ceruificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the entire work is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damngc, loss or injury ofany kind or nature wlutsocver to persons or property caused by or resulting From the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold le mlcss The Purchaser and any or all of the Puehasers officom. agents and employees From and against any and all claims, losses. damages. charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser may he pot or subject by reason of any act, action, neglect omission or default on the pan of the Scller, any of his contractors or any of that Scllers or contractors officers, agents or employees. In case any snit or other Proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act. nclion, neglect, emission or default of the Seller of any of his contractors or any of its or their officers, agents or employee as n4xesaid, the Seller hereby agrees to assume the defense thereof and to defend the mme at the Scllcrs own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtuiacd against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed open or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once erase the same to he dissolved and discharged by giving bond or otherwise The Sellerand his cumm ciors shall take all safety precautioe, furnish and install all gnnrds necessary for the pmvention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regidntions issued pvrnnant thereto. Revised 03/2010